Oregon Psilocybin Services Releases New Proposed Rules and Public Comment Period

By Yolanda Clarke, Jamie Greenwood

Nov 16, 2022

In another exciting step towards implementing psilocybin services, the Oregon Psilocybin Services (OPS) Section issued updated proposed rules under the Oregon Psilocybin Services Act this month. These rules made significant changes to the previous iteration. Seeking to implement feedback received on the draft rules during the September Rule Advisory Committees, the new proposed rules set forth the standards for the licensure, facilitation, and administration of psilocybin services.

Make Your Voices Heard! Public Comment Period Open

Published on November 1, 2022, the public comment period will remain open until November 21, 2022. In addition to written comments, interested parties may speak at public hearings scheduled for November 15th, 16th, and 17th. This is your chance to make your voices heard! If you would like to participate in the public comment period or speak at a hearing, VS’s Entheogens & Emerging Therapies team can assist in preparing your comment. 

Notable Changes in the New Set of Proposed Psilocybin Services Rules

Among the most notable changes to the new set of proposed rules is that an “applicant” is now defined as an individual or legal entity with an interest of more than 20 percent in the entity or is otherwise entitled to receive 20 percent or more of revenue from the licensed business. This is a substantial increase from the original proposal of a 10 percent threshold and means the burden of disclosure requirements will be greatly lessened for those with numerous investors or more complicated corporate structures.

The new set of proposed rules focuses on clarifying facilitator training, conduct, and obligations. After receiving significant feedback in the September public comments regarding the value of accessibility to Facilitator Training and Exams, OPS will now offer the Facilitator Exam at no cost via online interface. The proposed rules further removed a provision in the draft rules that requires an applicant who fails the exam to wait 48 hours before retaking. The new rules expanded acceptable facilitator conduct by permitting supportive touch, such as hugs, if approved by a client’s prior written consent.

The rules have also been amended to further ensure that client safety is paramount. Some of these changes are highlighted by the refinement of the purpose and policy behind the Transportation Plan. The Transportation Plan was created to ensure that clients travel home safely. Rules now clarify that a facilitator must contact appropriate emergency services—not law enforcement—if a client creates a danger to themselves or others by failing to follow their transportation plan. A facilitator must have every client sign a release document at the conclusion of the administration session, which states that the client agrees to end their administration session and follow the terms of their transportation agreement.

Extensive detail has been provided to outline the format and obligations of a client’s preparation, administration, and integration sessions. Special attention should be given to the ratios outlined, including the increased client-facilitator ratios for administration sessions, tying client-facilitator ratios for administration sessions to the amount of psilocybin to be consumed, durational requirements for administration sessions based on doses consumed, and specific requirements for outdoor administration sessions.

Final rules will be published no later than December 31, 2022. If you are interested in psilocybin services in Oregon, now is the time to weigh in and ensure the regulatory environment is conducive to both the highest standard of client care and effective business operations.

If you are interested in applying for licensure under the Oregon Psilocybin Services Act or have any questions, please contact VS attorney Yoland Clarke at yolanda@vicentesederberg.com. VS can also assist if you are interested in participating in the public comment period.

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